Judgment

Patanjali Sastri J.- This is an appeal from a judgment of the H. C. of Judicature at Patna dismissing a revn. petn. against the conviction of the applt. for an offence under S. 186, Penal Code.

2. The applt. was at all material times the General Manager of the Jagdishpur Zamindary Co. (hereinafter referred to as the company) who were the lessees of a sugar factory referred to in these proceedings as the Bhita Sugar Factory. He was prosecuted for obstructing the then Dist. Mag. & the Special Officer-in-charge of Rationing, Patna, in the discharge of their official functions when they went to the factory on 6-12-1947 to remove 5,000 maunds of sugar which had been seized out of the stock held by the Company pursuant to an order of the Govt. of Bihar dated 5-12-1947. The case for the prosecution was as follows : The Company had deliberately failed to comply with the orders for supply of sugar issued from time to time under the provisions of the Sugar & Sugar Products Control Order,1947, by officers of the Govt. duly authorised in that behalf, & in consequence, the Govt. made the following order on 5-12-1947 : "In exercise of the powers conferred on the Central Govt. by cl. (j)